What do I need to do to get a tenant to leave a property that I now own?

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What do I need to do to get a tenant to leave a property that I now own?

My mother passed away 4 months ago. She had her boyfriend living with her for about 4 years. At that time, I told him that he could stay for 2 months. He did not leave. I then had an attorney send hime a letter (which he signed) letting him know he would have another 5 months to leave the properrty. My mother left him a small inheritance of 5K. Instead of giving him the 5K directly, I am deducting 1K per month up until the time that he is suppossed to vacate (the inheritance will be depleted at that point). My concern is that if he does not leave as per agreement, what steps to I take to get him to leave? I must sell the property and want the tenant to leave so that I can clean it out.

Asked on May 5, 2012 under Real Estate Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I need to caution you here about deducting the rent from his inheritance.  It sends up a red flag and it smells of problems for you. You say that you had a lawyer send him a letter regarding the tenancy.  Did it establish a rent?  Could it be held to be a "lease?"  Then if he has breached the lease and not paid rent you can evict him PROPERLY with the help of the attorney.  When you evict him you can ask for a judgement of the rent.  Once you have the judgement you can probably attach the inheritance. Get help here to protect yourself.  Good luck.


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